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Deadly Conduct | Fort Bend County Criminal Attorney

Deadly Conduct

Deadly conduct is a serious offense in Fort Bend County. Whether or not a weapon is involved, Texas takes these cases
very seriously. Deadly conduct can be charged as a Class A Misdemeanor
or a Third Degree Felony depending on the circumstances. A conviction
for a felony deadly conduct can result in severe penalties, including
lengthy prison time and a large fine. Such a conviction can also
adversely impact your future, such as by losing many educational,
employment, housing and public assistance opportunities. Because your
future is at stake, a plea bargain may not be the best choice for you.

It is important to hire an experienced Sugar Land criminal defense lawyer because criminal charges for deadly
conduct do not have to result in a conviction and the resulting lifelong
consequences. In order to convict you, the state prosecutor must prove
to a jury that you committed every element of the misdemeanor or felony
offense beyond a reasonable doubt. With an experienced trial lawyer
defending you, this is a very difficult burden to meet, and any
reasonable doubt in the mind of any of the members of the jury can
result in a not guilty verdict or a hung jury. Also, depending on the
circumstances of your case, there may be more effective options than
going to trial such as a pretrial intervention agreement or deferred
adjudication probation. Either way, it is vital to contact an
experienced criminal attorney in Sugar Land who will fight for you.

Fort Bend County Deadly Conduct Defense Lawyers

If you have been charged with committing
the criminal offense of deadly conduct in Fort Bend County or any of the
surrounding counties in Texas, contact the law offices of James G.
Sullivan and Associates. With over 20 years of defense trial
experience, Sullivan’s legal team will fight for you and use every legal
strategy possible to get the best result. Call 281-546-6428 for a free consultation.

Deadly Conduct

According to Section 22.05 of the Texas
Penal Code, there are several ways to commit deadly conduct. The
conduct charged is essentially recklessness and with a primary focus on
firearms.

Deadly conduct is committed by:

Recklessly engages in conduct that places another person in imminent danger of serious bodily injury

Knowingly discharges a firearm at or in the direction of:

one or more individuals, or

a house, building or car and is reckless as to whether or not it is occupied.

Recklessness and danger are presumed if
the person knowingly pointed a firearm at or in the direction of another
whether or not the person believed the firearm to be loaded.

Some road rage behavior could be charged
as deadly misconduct. For example, if a driver speeds through rush
hour traffic, quickly changing lanes, cutting off other drivers or
maneuvering on and off the emergency lane, he places other drivers in
danger of serious bodily injury because his reckless actions could cause
a motor vehicle accident or collision.

Serious Bodily Injury

According to Section 1.07 of the Texas
Penal Code, serious bodily injury means bodily injury that creates a
substantial risk of death or that causes death, serious permanent
disfigurement, or protracted loss or impairment of the function of any
bodily member or organ.

Recklessness

According to Section 6.03 of the Texas
Penal Code, a person commits a reckless act, not necessarily intending
to harm another, but without regard for the result. If a person is
aware of but consciously disregards a substantial and unjustifiable risk
that a likely result will occur, he or she acts recklessly.

The punishment for this offense varies
depending on whether a firearm was involved. Deadly conduct is charged
as a Third Degree Felony when a firearm is involved and as a Class A Misdemeanor when a firearm is not involved.

Deadly conduct conviction as a Class A Misdemeanor could result in:

a fine up to $4,000

confinement in jail for up to one year and/or probation

a criminal record available to the public

a driver’s license suspension

prevented from pursuing certain careers

participation in a pre-trial diversion program

restitution, reimbursing the victim for any expenses resulting from the crime

Deadly conduct conviction as a Third-Degree Felony could result in:

a fine up $10,000

imprisonment for up to 10 years and/or probation

a felony criminal record available to the public

prevented from pursuing certain careers

prevented from receiving certain kinds of governmental assistance

prevented from owning or possessing a firearm

prevented from voting or holding public office

participation in a pre-trial diversion program

restitution, reimbursing the victim for any expenses resulting from the crime

In addition to this punishment, the
stigma of a conviction or subsequent jail or prison time for deadly
conduct carries negative social consequences. However, a conviction may
not have to happen and that is why it is important to discuss your
options with an experienced Fort Bend County deadly conduct lawyer.

You can be charged by the state with
deadly conduct for any action that could imminently cause serious harm
to another person. Because the kinds of actions and circumstances are
so broad, there are just as many possible defenses. If you have been
charged with deadly conduct in Fort Bend County, or the surrounding areas,
protect your rights, freedom and future.

Trust your case to an experienced Sugar Land firm that is dedicated to fighting for the best outcome. Call
the law offices of James G. Sullivan and Associates at 281-546-6428 for a free consultation.

James Sullivan graduated from the Trial
Lawyers College founded by legendary lawyer Gerry Spence and was invited
to join The National Trial Lawyers organization. Sullivan has a proven
record of defending people from all walks of life, faiths and countries
in courts throughout Texas.

Contact James Sullivan & Associates for a free initial consultation at 281-546-6428
about your aggravated assault charges in Harris County (Houston),
Montgomery County (Conroe), Fort Bend County (Richmond), Brazoria County
(Angleton), Galveston County (Galveston), Matagorda County (Bay City),
Waller County (Hempstead),
Washington County (Brenham), Liberty County (Liberty), Chambers County
(Anahuac), Jefferson County (Beaumont) and throughout Texas.

All Juenile Cases Including

James (Jim) Sullivan is a seasoned Texas criminal lawyer and has fought the government in jury trials in the Greater Houston area since 1994. The Law Office of James G. Sullivan and Associates offers a full range
of legal services for a reasonable fee in criminal and juvenile courts throughout
southeast Texas.

James Sullivan graduated from Gerry Spence's Trial Lawyers College, the most selective and prestigious trial advocacy program in America, and was invited to join The National Trial Lawyers organization, a professional organization composed of the premier trial lawyers from across the country. Sullivan is also Board Certified in Juvenile Law by the Texas Board of Legal Specialization.

James Sullivan graduated with honors from Baylor University with a degree in Journalism and Spanish and then earned a Doctorate in Law from South Texas College of Law. For a free confidential consultation, call Attorney James Sullivan at (281) 546-6428.

James Sullivan has won many jury trials in criminal and juvenile cases, including on charges of aggravated robbery, aggravated sexual assault of a child, aggravated assault, negligent homicide, burglary of a habitation, deadly conduct and others. Sullivan has represented over 3,000 criminal and juvenile clients with hundreds of cases dismissed, no bills by the grand jury and/or not guilty verdicts at jury trial.